DOJ's July 14 application for a non-disclosure order stated the investigation was "not public." That served as a basis for DOJ to argue that the phone company should not be allowed to tell the journalist(s) about the subpoena. But...it WAS public! The NYT reported it on *July 11* and DOJ confirmed:
Anna BowerJudge Subramanian has asked the Justice Department to hand over internal communications regarding its application for a non-disclosure order. During yesterday's hearing, Subramanian questioned the accuracy of certain statements included in that filing. DOJ admitted it made "inadvertent" errors.
